By: Farney (Senate Sponsor - Schwertner) H.B. No. 701
(In the Senate - Received from the House April 15, 2013;
April 17, 2013, read first time and referred to Committee on
Administration; April 23, 2013, reported favorably by the
following vote: Yeas 4, Nays 0; April 23, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the Corn Hill Regional Water Authority; providing
authority to impose fees and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8364.004(c), Special District Local Laws
Code, is amended to read as follows:
(c) The authority is created to accomplish:
(1) the control, storage, conservation, preservation,
distribution, and use of water for domestic, industrial, municipal,
and all other useful purposes as provided by Section 59, Article
XVI, Texas Constitution;
(2) the reclamation and drainage of the district's
overflowed lands and other lands needing drainage;
(3) the control, abatement, and change of any shortage
or harmful excess of water; and
(4) the protection, preservation, and restoration of
the purity and sanitary condition of water within the state.
SECTION 2. Subchapter B, Chapter 8364, Special District
Local Laws Code, is amended by adding Section 8364.052 to read as
follows:
Sec. 8364.052. EX OFFICIO DIRECTORS. (a) At any time, the
board may by resolution:
(1) appoint a nonvoting ex officio director to serve
at the pleasure of the board; and
(2) remove an ex officio director.
(b) An ex officio director:
(1) is entitled to all notices and information given
to and accessible to a director; and
(2) may attend and participate in any board meeting.
SECTION 3. Section 8364.072(a), Special District Local Laws
Code, is amended to read as follows:
(a) A municipality, county, or other political subdivision
may petition the board to add that municipality, county, or other
political subdivision as a member entity.
SECTION 4. Section 8364.103, Special District Local Laws
Code, is amended to read as follows:
Sec. 8364.103. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES; LIMITATIONS. (a) Except as provided by Subsection
[Subsections] (b) [and (c)], the authority has the powers and
duties provided by the general law of this state, including
Chapters 49 and 54, Water Code, applicable to municipal utility
districts created under Section 59, Article XVI, Texas
Constitution.
(b) The authority may not provide [wastewater, drainage,]
solid waste disposal[,] or road facilities or services.
[(c) The authority does not have any power that the member
entities do not have.]
SECTION 5. Section 8364.151(a), Special District Local Laws
Code, is amended to read as follows:
(a) For any authorized authority purpose, the authority may
issue bonds or other obligations payable wholly or partly from
revenue of the authority's water system, sanitary sewer system, or
drainage system, including revenue from contracts with member
entities or customers, or any combination of those sources of
revenue.
SECTION 6. Subchapter D, Chapter 8364, Special District
Local Laws Code, is amended by adding Section 8364.153 to read as
follows:
Sec. 8364.153. FUNDING BY MEMBERS. Under a contract with
the authority, a member entity may make payments from any of the
member entity's sources of revenue, including ad valorem taxes,
impact fees, grants, sales and use taxes, and any other source to
provide money for the administrative and operating expenses of the
authority.
SECTION 7. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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